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The International Law Section Gazette
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International Law Quarterly: Spring 2019
The
Spring 2019 issue of the International Law Quarterly - Focus on International Cross-Border Transactions is now available!
Click on the image below to download.
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Vis Pre-Moot - Call for Committee Members
Whether you've experienced the
Willem C. Vis International Commercial Arbitration Moot first-hand and want to give back or simply want to help organize a successful law school pre-moot competition, then reach out to
Adrian Nuñez (
anunez@jonesday.com) for ways to participate.
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Call for Arbitrators - 2019 Foreign Direct Investment (FDI) International Arbitration Moot
The University of Miami School of Law will be hosting the
2019 Global Rounds of the Foreign Direct Investment (FDI) International Arbitration Moot
competition on its campus from
November 7-10, 2019
. The FDI Moot is an annual competition that helps future lawyers attain a practical understanding of the issues that arise out of obligations between host States and foreign investors. This year's hypothetical, which is set under the ICSID Rules, addresses interesting issues relating to provisional measures, denunciation of the ICSID Convention, multi-party claims, damage calculation and whether blocking of a social media platform/website amounts to a treaty breach. This event - held for the first time in Florida - will bring to Miami about 350 students, coaches and arbitrators from around the globe interested in international dispute resolution. It will provide a great opportunity to highlight Miami's growing importance as an arbitration hub as well as Florida's growing community of experienced international arbitration practitioners. The FDI Moot schedule will include several social and networking events. If you are interested in serving as a volunteer arbitrator, please register here
(once you sign up, make sure to indicate your availability for the Global Rounds in Miami). More details on the FDI Moot Miami 2019 are available here:
https://media.law.miami.edu/communications/events/fdimoot2019/.
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International Law Section - Call for Committee Members
The International Law Section call for all Members to join their Committees for the 2019-2020 bar year.
Join Today!
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Call for Info for the ILS Gazette "Member Spotlight"
The
International Law Section Gazette calls for all Members to share their biographies and professional achievements to support its newly introduced
"Member Spotlight" section. Featuring different members every week, the Member Spotlight aims to connect all members across the state of Florida and beyond, develop the ILS network, and encourage member participation to ILS events and initiatives.
To be featured on "Member Spotlight" and share your information and professional successes with the ILS Network, please email
Davide Macelloni, Editor of the ILS Gazette.
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International Law Section - Call for Member News
The Executive Board of the International Law Section calls for all Members to share news about their professional achievements, endeavors, and successes to be published in the Gazette and on the International Law Section website.
To share your professional achievements with the ILS Network, please submit all relevant information to
Davide Macelloni, Editor of the ILS Gazette.
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Save the Date - ILS Audio Webcasts 2019-2020
Save the date for the following ILS webcasts:
September 11, 2019: (3564) The Venezuela Sanctions: Staying Clear of Uncharted Mines (audio webcast) 12:00 p.m. - 1:00 p.m. by Aleksandar Dukic, Richard Montes De Oca, and Jacqueline Arango.
September 18, 2019: (3565) The RFE Dilemma: How to Strategize Your Response to RFEs for L and H Visas (audio webcast) 12:00 PM - 1:00 PM by Larry Rifkin, Elaine Weiss, Juan Carlos Freyre.
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During the Spring, the Florida Bar International Law Section proudly offered CLE webinars on a wide variety of topics, including H-1B Processing, Key Changes in EU General Data Protection Regulations, and FIFA Transfer Rules and the Court of Arbitration for Sports. All past programs have a link to register for on demand and downloadable podcasts for the next 18 months.
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Join the International Law Section
If you are reading the Gazette, chances are that you are a practitioner or a student with an interest in International Law
, one of the most wide-ranging, exciting and challenging legal specialties. Everyone in our field knows how crucial it is to stay on top of diverse and evolving national legal regimes, and at the same time, the difficulty of keeping meticulously up-to-date on developments around the world.
The International Law Section (ILS) of The Florida Bar is here to help you, the practitioner, navigate both the everyday and big-picture challenges of our field. Our Section is your forum to share knowledge and best practices, and to meet and mingle with peers in professional collaborations that can only enhance your grasp of the specialty and your standing among clients and peers.
Let ILS membership assist you in developing a thriving international practice through peer network development that includes important shared learnings and reciprocal referrals of clients and casework.
If your practice transcends borders, join us in making this the authoritative, go-to forum for Florida and the gateway to the region for anyone practicing International Law.
Our Section is open to lawyers from other states and countries, full-time faculty at U.S. law schools, and full-time U.S. law students
, all of whom may participate as associate members. For more information regarding membership with the ILS, click HERE.
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2013-2014 ILS Chair - C. Ryan Reetz
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C. Ryan Reetz, who chaired the International Law Section for the 2013-2014 bar year, is the Miami Office Managing Partner of Bryan Cave Leighton Paisner LLP. He is a board-certified specialist in International Litigation and Arbitration, and represents clients as trial counsel in both international and domestic proceedings. His litigation and arbitration practice ranges from investment disputes and sovereign immunity challenges to securities class actions, insurance regulation, corporate governance contests, and commercial disputes. He has also served as an arbitrator in ad hoc and ICC arbitrations.
Reetz teaches international commercial arbitration as an adjunct professor at Emory University School of Law, and previously taught transnational civil litigation and arbitration at the University of Miami School of Law from 2003-2010. Additionally, he serves as a visiting professor at the University of Navarra School of Law in Pamplona, Spain (where he also coaches the Vis Moot team), and was a scholar-in-residence at NYU School of Law in 2015. He has also taught trial skills through the National Institute for Trial Advocacy and arbitration skills at the Swiss Arbitration Academy. In addition to his leadership of the International Law Section, he has served with numerous other professional organizations, including serving as chair of the Miami International Arbitration Society in 2017.
He lectures and publishes concerning a range of international dispute resolution topics, and is the co-author, together with Pedro J. Martinez-Fraga, of Public Purpose in International Law: Rethinking Regulatory Sovereignty in the Global Era (Cambridge University Press 2015). Reetz received his J.D., summa cum laude, in 1987 from Boston University School of Law, where he was the executive editor of the Boston University Law Review, and his A.B., magna cum laude, in Government from Harvard University in 1984.
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2012-2013 ILS Chair - Richard C. Lorenzo
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The ILS Chair for the 2012-2013 bar year, Richard C. Lorenzo is the managing partner of Hogan Lovells' Miami office, where he manages international commercial litigation and arbitration for foreign and domestic clients with interests throughout the United States, Latin America, and Europe.
Whether it's a dispute in English or Spanish, or before any of the most important tribunals or institutions - the International Chamber of Commerce (ICC), the International Centre for Settlement of Investment Disputes (ICSID), the American Arbitration Association (AAA), or the International Centre for Dispute Resolution (ICDR), to name a few - Lorenzo effectively analyzes the matter and collaborates with clients to determine the best strategy. Time spent living in Latin America attuned Lorenzo to the civil law system and political landscape of Spanish-speaking jurisdictions, which complements his English-language arbitration practices and procedures.
Lorenzo is actively involved in academia, extensively lecturing and publishing in his practice area, and is an adjunct professor of International Arbitration and Litigation at Florida International University. Lorenzo also maintains a national and international media presence on topical international legal issues and has appeared on CNN En Español and served as guest commentator on Bloomberg Radio.
A graduate of Rollins College, where he achieved is B.S., magna cum laude, Lorenzo earned his Juris Doctorate from the University of Miami School of Law.
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2011-2012 ILS Chair - Nicolas Swerdloff
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Nicolas Swerdloff, who served as ILS Chair during the 2011-2012 bar year, is a senior litigation partner at Hughes Hubbard and Reed, LLP, where he also serves as member of the firm's Executive Committee. Swerdloff focuses on litigation and arbitration of complex cross-border business disputes involving a wide range of substantive areas of law, focusing particularly on financial, license, joint-venture, securities, professional liability and sports disputes. Swerdloff has litigated such disputes in federal and state courts throughout the United States and before the major arbitral institutions, and is Board Certified in International Litigation and Arbitration by the Florida Bar.
Among others, Swerdloff successfully represented Ernst & Young Hong Kong in a three-week arbitration hearing in which the panel, rejecting a $500 million malpractice claim, found that the client had not been negligent. Swerdloff also led the defense of the French conglomerate Alstom in a succession of fraud and breach of warranty actions seeking hundreds of millions of dollars in damages based on alleged deficiencies in the propulsion system installed on luxury cruise ships operated by Royal Caribbean Cruise Lines and Regent Seven Seas Cruise Lines, all of which ultimately settled on favorable terms. Swerdloff is currently representing investors in an investment treaty claim against the Republic of Panama as well as the former president of a FIFA regional governing body in a civil RICO action and a criminal appeal related to the FIFA corruption scandal.
A graduate of SUNY at Stone Brook, where he received his B.A., cum laude, and Fordham University School of Law, where he earned his J.D. cum laude, Swerdloff is a member of the Panel of Neutrals of the ICDR and AAA.
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2010-2011 ILS Chair - Ed Mullins
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The ILS Chair for the 2010-2011 bar year, Ed Mullins serves as managing partner of Reed Smith's Miami Office, where he focuses his practice on international commercial litigation and arbitration. Mullins brings wide experience in litigating and arbitrating disputes involving various issues, including distribution agreements, joint venture agreements, and energy and construction disputes.
An accomplished appellate lawyer, Mullins has handled over 100 appeals in state and federal courts, including the United States Supreme Court. Mullins is Board Certified in International Litigation and Arbitration by the Florida Bar and served as the inaugural chair of The Florida Bar Board Certification Committee for International Litigation and Arbitration. Mullins serves as Division Director for the Disputes Division of the Section of International Law of the American Bar Association (ABA), and is the former Co-Chair of the International Litigation and Alternative Dispute Resolution Committees of the Section of Litigation of the ABA. Mullins is also a member of the commercial panel of arbitrators for the American Arbitration Association and a fellow of the Charted Institute of Arbitrators.
Mullins is a graduate of the University of Florida College of Law, where he was awarded the Order of the Coif, served as Editor-in-Chief of the Florida Law Review, and graduated as class valedictorian.
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Facebook to Pay $5 Billion to FTC and $100 Million to SEC for Privacy and Disclosure Violations
By Richard Monter De Oca* and Priscila Bandeira**
On July 24, 2019, the U.S. Federal Trade Commission ("FTC") and Facebook, Inc. announced a $5 billion settlement to resolve a privacy probe investigating whether Facebook had violated a prior FTC consent decree. On the same day, the U.S. Securities and Exchange Commission ("SEC") announced charges against Facebook for inadequate and misleading disclosures to its shareholders. The SEC alleged that for two years, Facebook's public disclosures failed to properly warned its consumer data protection and privacy issues. Facebook did not admit or deny the SEC's allegations, but agreed to pay the $100 million fine.
The FTC announced in a statement that this is "one of the largest civil penalties in U.S. history." Previously, the highest FTC fine had been $22.5 million against Google in 2012.
In 2011, Facebook entered into a settlement agreement with the FTC that required the company to obtain user consent before sharing their data and to improve its protection of consumer data. However, Facebook violated the agreement by carrying out a series of improper privacy practices. Specifically, the allegations that political data firm Cambridge Analytica acquired data from up to 87 million Facebook users through a quiz app. Facebook also allegedly misled its users about whether they had turned on a face recognition setting for the company's "tagging" tool and exploded users' phone numbers for targeted advertisement without their express consent. Also, Facebook suffered a large data breach shortly after the Cambridge Analytic Scandal, which exposed a least 50 million users. In the current settlement, Facebook executives had to sign the settlement under the penalty of
perjury, risking civil and criminal liability if they fail to comply. It also required the creation of an independent panel of the Board to oversee Facebook's privacy practices.
Facebook is also under investigation in Europe for alleged General Data Protection Regulation ("GDPR") violations and could be facing further legal challenges after the California Consumer Privacy Act becomes effective on January 1, 2020.
Privacy regulating class actions and regulatory enforcement by the FTC, SEC, and other regulators involving data breached, cyberattacks, snd disclosures are increasing. It is critical for companies to establish or enhance their Privacy and Data Protection Compliance Program. MDO Partners encourages companies to conduct cybersecurity risk assessments, adopt robust privacy policies, enhance disclosure controls and adopt cyberattack investigation procedures to help mitigate the risk associated with a cyberattack and data breaches.
*Richard Montes De Oca is Managing Partner at MDO Partners, a boutique law firm that focuses on Corporate, International, and Real Estate Law, as well as Global Compliance and Business Ethics.
**Priscila Bandeira is a Global Compliance and Corporate Law Associate Counsel at MDO Partners, where she assists clients with corporate governance documentation, corporate formation, and international transactions. A graduate of the J.D./L.LM Joint Program at the University of Miami, Ms. Bandeira is also registered with the Brazilian Bar.
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Peter Quinter Appointed Chair of the ABA SIL Trade, International Organizations, and Regulatory Practice Division
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GrayRobinson's U.S. customs law attorney Peter Quinter, Chair of the firm's U.S. Customs and International Trade Law practice group, has been appointed Division Chair of the American Bar Association's Trade, International Organizations, and Regulatory Practice Division of the ABA Section of International Law for the 2019-2020 term.
The Committee closely monitors and disseminates information on domestic and international policy developments with implications for the practice of law. In his role, Quinter will be overseeing the Committees within the Division to ensure their ongoing health and success, assisting the Committees under his purview where they need guidance, and communicating issues within the Committee to the Section of International Law. Read more about the International Organizations and Regulatory Practice Division and the Section of International Law here. For any questions or concerns regarding the current U.S. customs law, please contact Peter Quinter.
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September 3-7, 2019
Please join the Nova Southeastern University Shepard Broad College of Law International Arbitration Society (NIAS), the NSU Foreign Lawyers Association (FLAN), and the ILSA Journal of International and Comparative Law on August 23, 2019 for their "Introduction to International Arbitration." The event, featuring an impressive panel of international practitioners and fellow ILS members, namely Richard C. Lorenzo, C. Ryan Reetz, Fernando Alvarez-Perez, Luis O'Naghten, and William Hill, will be hosted by the NSU Shepard Broad College of Law at 3305 College Avenue, Davie, FL 33314 starting at 5:30 p.m. To RSVP, please email Lorena Souza at ls2326@mynsu.nova.edu or Andrea Zeitune Maroniene at az329@mynsu.nova.edu.
September 3-7, 2019
The 57th International Young Lawyers' Congress of the Association Internationale des Jeunes Avocats - International Association of Young Lawyers will take place in Rome, Italy. The event will be an opportunity to network and learn with a focus on
"Sustainability and the Law. Planet. People. Future." For more information or to register,
please
refer to the
event's website
.
September 11, 2019
Please join The Florida Bar International Law Section on September 11, 2019 for its Lunch & Learn with Burton A. Landy of Harper Meyer Perez Hagen Albert Dribin & DeLuca LLP. Landy serves as Chairman, Sole Arbitrator, and Co-Arbitrator in international commercial and investment arbitrations, principally involving parties in the Caribbean and Latin America, and currently serves as Founding Chairman of the Miami International Arbitration Society ("MIAS"). Landy has served as arbitrator and counsel in a number of international arbitration panels and tribunals under ICC, AAA, ICDR, UNCITRAL, and ICSID rules governing commercial and investment disputes involving parties and the law of Argentina, Bahamas, Canada, China, Costa Rica, El Salvador, Japan, Nicaragua, Peru, Puerto Rico and the United States.
Fiduciary Trust Company International will host the event at its Coral Gables office located at 2 Alhambra Plaza, PH1A, Coral Gables, FL 33134. The event is complimentary but the space is limited.
To RSVP please send an email to Yenisley Pazos at Yenisley.Pazos@ftci.com.
September 22-27, 2019
The
International Bar Association
invites all members to attend its 2019 annual conference, which will be held in
Seoul, South Korea
, a thriving metropolis that mixes the traditional with the modern - from skyscrapers, high-tech subways, K-pop culture and K-beauty to Buddhist temples, palaces and street markets and a history going back 5,000 years. For more information or to register, please refer to the
event's website
.
October 30 - November 2, 2019
Please join the
International Association of Young Lawyers ("AIJA") for its 2019 Half-Year Conference in Miami. Kicking-off with a welcome dinner at Nikki Beach on the evening of October 29th, the conference will continue on October 30th featuring a top-notch academic program, focusing on three different tracks: business in Latin America, the hottest topics in international litigation, and energy in the age of renewables. In addition, the Miami Half-Year Conference will feature a diversity and leadership-focused SCILL program. For more information, please email the AIJA National Representative, Arnoldo B. Lacayo at
alacayo@sequorlaw.com. For the full program of the Conference,
CLICK HERE.
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International Law Quarterly: Spring 2019
The new issue of the
International Law Quarterly - Focus on International Cross-Border Transactions
is now available.
Click on the image below to download
.
For all previous issues of the International Law Quarterly, please
click here
.
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